A rejoinder to Professor Stith-Cabranes

George Mason University Law School Professor and Dartmouth trustee Todd Zywicki has posted a withering rejoinder to the argument made by Yale Law School Professor Kate Stith-Cabranes here on Power Line and here on the Darmtouth Independent regarding the legal status of Dartmouth’s 1891 agreement on the election of trustees by alumni. Like Professor Stith-Cabranes, Professor Zywicki joins the issues regarding the applicable law and related principles without the slightest hint of personal rancor or abuse. Professor Zywicki concludes his somewhat lengthy rejoinder:

In exercising our fiduciary duties, I believe that the Board should honor the promises made in the 1891 Agreement and recognize that the governance partnership it creates has served Dartmouth well for over a century and continues to serve us well today. Others, such as Professor Stith-Cabranes, apparently believe that the Board


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